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HomeMy WebLinkAbout1983-11-30MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, NOVEMBER 30, 1983 - 1:30 P.M. LA BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vincent, Vogelsang STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION BY SMITH AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR BOARD MEETING OF OCTOBER 26, 1983 WAS APPROVED BY THE FOLLOWING VOTE: AYES: NOES: ABSTAIN: ABSENT: REGULAR AGENDA ITEMS: Godfrey, Evans, Smith None Vincent Vogelsang SITE PLAN AMENDMENT NO. 83-1 Applicants: Jack & Amy Hsieh To permit the addition of one (1) unit to an approved thirty-eight unit motel. Subject property is located at 18112 Beach Boulevard. Acting Chairman Evans introduced the applicants amendment stating that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. Secretary Godfrey explained that the applicants are requesting a modification to their original entitlements (C.E. No. 83-48 in con- junction with A.R. No. 83-34) for an additional parking space meeting the requirement for a manager's bedroom,to be located above the office, which is not for lease. i A review of the applicants amended site plan revealed that forty-two (42) parking spaces are required for the total leasable area and office space/manager's bedroom with forty-two spaces provided on the plan. Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Two The Board Members felt the amended site plan was appropriately designed for the proposed use. ON MOTION BY SMITH AND SECOND BY EVANS, SITE PLAN AMENDMENT NO. 83-1 WAS GRANTED, WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS: 1. The amendment does not constitute a substantial change in the parking requirements and arrangement. 2. The proposed use of the property remains the same - commercial motel. 3. This amendment will result in an approved, effective plan. CONDITIONS OF APPROVAL: 1. The conceptual plot plan received November 21, 1983, shall be the approved layout subject to an exchange of two compact spaces from rear south parking area to front north parking area and all parking spaces complying with minimum size requirements. 2. All notes on plan shall be revised to comply with this approval. 3. All previously imposed conditions of approval for Administrative Review No. 83-34 and Conditional Exception No. 83-48 shall apply. These are as follows: (a) All drive approach aprons along Beach Boulevard shall have a minimum width of 30 feet with a 27 foot driveway constructed to the "X" type design. (b) Prior to issuance of building permits, the applicant shall submit a landscape and irrigation plan which shall be approved prior to issuance of Certificate of Occupancy. (c) Natural gas and 220V electrical shall be stubbed in at location of clothes dryers. (d) Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. (e) Low volume heads shall be used on all showers. (f) All building spoils, such as, unusable lumber, wire, pipe an other surplus or unusable material, shall be disposed of at a offsite facility equipped to handle them. -2- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Three (g) The structures on the subject property, whether attached or detached, shall be constucted in compliance with the State acoustical standards setforth for units that lie within' the 60 CNEL contours of the property. The interior noise levels of all units shall not exceed the -California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permits. All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. (h) If lighting is included in the parking lot energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. (i) A lighting pattern on the south property line shall be reviewed and approved by the Secretary of the Board prior to issuance of building permits. j) A detailed soils analysis shall be prepared by a registered soils engineer: This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. (k) If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. (1) The applicant shall comply with all applicable provisions of the Huntington Beach Fire Code. Specifically, the applicant shall provide a fire sprinkler system for all motel units and an on -site fire hydrant. (m) The security "fencing" for the swimming pool in the front yard shall be "wrought iron" material or some comparable material to be approved by the Secretary of the Board. An elevation of said fencing shall be submitted to the Secretary of the Board prior to issuance of -building permits. (n) The approval of Conditional Exception No. 83-48 shall be only for the sight angle encroachment and the encroachment of the fence -into the front yard. The site plan is not part of approval of Conditional Exception No. 83-48. -3- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Four (o) All previous conditions approved on Administrative Review No. 83-34 shall be applicable to the subject entitlement. AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO. 83-57: Applicant: Mr. Eric F. Mossman To permit a reduction in side yard setback from 3 ft. to 2-1/2 ft. for main dwelling and reduction in sideyard setback for garage from 3 ft. to zero. Subject property is located,at;,222:Portland..-.- The application was introduced .by�Acting Chairman Evans. Per Section 15105 of the California Environmental Quality Act of 1970, this reques is categorically exempt - Class.- 5..; Secretary Godfrey informed the Board Members that this corner lot is at the intersection of two (2) alleys.. -Because of the required dedication of 2-1/2 ft. (creating his hardship), the applicant is unable to enjoy the same privileges as other properties located within his immediate area. Staff's recommended findings -and conditions for approval were discussed. The public hearing was opened by Acting Chairman Evans. There being no one present wishing to speak in ,favor or opposition of the applicant's request, the public.hearing was,closed..-- ON MOTION BY SMITH AND SECOND_ BY 83-57 WAS GRANTED AS FOLLOWS:,-.—, REASON FOR APPROVAL: VINCENT, CONDITIONAL EXCEPTION NO. 1. Because of required alley dedications, applicant is unable to enjoy development privileges..=afforded- :surrounding • proper -ties located within the same zone classification,..•.- -4- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Five FINDINGS FOR APPROVAL: 1. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications. 2. Because of special circumstances applicable to the subject property, the strict application of the zoning ordinance is found to depive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 3. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. Conceptual site plan received November 22, 1983, shall be the approved layout. 2. Design of driveway and alley shall be to the satisfaction of the Public Works Department. 3. There shall be no eave overhang along the eastern side of the garage and main dwelling. AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang -5 - BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Six CONDITIONAL EXCEPTION NO. 83-58 Applicant: Robert & Mary S. Hansen To permit a five (5) foot encroachment into the required ten (10) foot exterior side yard setback. Subject property is located at 17481 Valeworth Circle. Acting Chairman Evans introduced, the proposal and stated that -this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened by Acting Chairman Evans. Mr. Hansen addressed the Board and stated that -the awkward configuration of his lot in relation -to placement of -his dwelling on the property has created his hardship. The variance, -if granted, will enable him to construct a room addition five,(5) ft..-,from his west rear property line. The proposed addition is for a formal dining and living room and to remain in harmony with the layout, -of -his home, would have to be construc d at the northwest corner of his dwelling.- The -rear property line in question is bordered by a city landscape easement. To allow for the eas ment, his property line has been setback six (6) feet from the property lines of the surrounding homeowners. Further, if -his property boundaries were in line with those of his neighbors, -there would be no need for the variance. The public hearing was closed. _. Upon reviewing the applicants -site plan, the Board Members felt justifica- tion for granting of -the variance was in -order. ON MOTION BY VINCENT,AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 83-58 WAS APPROVED WITH FINDINGS, CONDITIONS AND VOTE FOLLOWING: FINDINGS: - 1 1.- 1. The granting of this conditional exception will -not constitute a grant of special privilege due, -to the fact that the property is of an irregular configuration. 2. The strict application of, the, zoning ordinance deprives this property of privileges enjoyed by other properties in the vicinity based on how the house is situated on the,lot. 3. The granting of the conditional exception will not be materially detrimental to the public welfare or injurious to the property in the same zone classification. -6- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Seven 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The conceptual plot plan dated November 8, 1983,' shall be the approved layout. 2. Architectural treatment shall be compatible with the existing structure. 3. The addition will be limited to one (1) story in height. AYES: Godfrey, Evans, Smith, Vincent, Vogelsang NOES: None ABSTAIN: None ABSENT: None CONDITIONAL EXCEPTION NO. 83-59 Applicant: Mr. Anthony Ivicevic To permit a reduction in front yard setback from 15 ft. to 5 ft. Subject property is located at 17130 Courtney Lane. Acting Chairman Evans outlined the applicants request which is categorically exempt, Class. 5, under the California Environmental Quality Act of 1970. Secretary Godfrey informed the Board Members that staff's recommendation is for denial as.findings for approval related to the property could not be justified granting the applicant's request permitting a wall encroachment within his front yard setback. The public hearing was opened by Acting Chairman Evans. Mrs. Ivicevic introduced herself to the Board. She stated that as their rear yard backs up to Warner Avenue, due to noise generated from this arterial highway, they wish to have an enclosed patio area within their front yard area. Additionally, for growing of herbs which they wish to plant along their north wall. The public hearing was closed. Due to the location of_the,adjacent driveway of the neighboring property, it was felt that if the wall were allowed to encroach within the front setback area it would create an obstruction for individuals -when using the adjacent driveway. ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION -7- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Eight NO. 83-59 WAS DENIED WITH FINDINGS FOR DENIAL AND VOTE FOLLOWING: FINDINGS FOR DENIAL: 1. Exception circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the vicinity because it is a typical 60 x 100 foot R-1 lot. There are no special topographic features or„any unique characteristics relatied to the land.justifying a variance. 2. The granting of Conditional Exception No. 83-59 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The subject property was legally -subdivided and developed in a manner consistent with applicable zoning laws. 3. Sight line ,at adjacent driveways would-be obstructed creating a safety problem., - AYES: Smith, Vogelsang, -.Evans, Godfrey NOES: Vincent ABSTAIN: None ABSENT: None TENTATIVE PARCEL' -MAP NO. 83-577(W) Applicant: William J. DeBusk To permit.waiver of parcel map. Consolidation of two (2) lots into one (1) parcel. -Subject property located at 1120 Pine Street (south- east corner of Pine- Street and, Loma,Avenue)-., Acting Chairman Evans introduced the procedure permitting a waiver of a parcel map fora minor lot consolidation. A review of the applicant's plat map disclosed alley-dedicatibn was accepted by the City and that all applicable improvements were evident on the plat map. ON MOTION BY VOGELSANG AND SECOND BY EVANS, A WAIVER OF THE PARCEL MAP FOR TENTATIVE PARCEL MAP NO. 83-577(W) WAS APPROVED WITH FINDINGS AND CONDITIONS FOR APPROVAL FOLLOWING,.-SUCCEEDED.BY VOTE: FINDING FOR APPROVAL: The proposed consolidation complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facilities, environmental protection, and other requirements of Article 992 of the Subdivision section of the Ordinance Code. CONDITIONS OF APPROVAL: 1. The tentative parcel map received by the Department of Development Services on October 3, 1983, shall be the approved layout. -8- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Nine 2. The applicant shall file, through the Huntington Beach City Clerk's Office, and have recorded with the Orange County Recorder's Office, a certificate of compliance in conjunction with the approved plat map. A copy of the recorded certificate of compliance and plat map shall be filed with the Department of Development Services prior to issuance of building permits on the subject property. AYES: Godfrey, Evans, Smith, Vincent, Vogelsang NOES: None ABSTAIN: None ABSENT: None TENTATIVE PARCEL MAP NO. 83-582 Applicant: William B.-Burke To permit division of one (1) existing parcel into five (5) new parcels. Subject property is located on the west side of Sampson Lane extending from 185 feet south to 292 feet north of Reynolds Circle. The proposal was introduced by Acting Chairman Evans who stated that per Section 15115, of the California Environmental Quality Act of 1970, this request is categorically exempt - Class. 15. Staff informed the Board Members that as a condition of approval of Administrative Review No. 83-62 covering five separate tilt -up buildings, tied together with reciprocal drives and parking shown as one (1) piece of property, would require filing of a parcel map before selling or leasing of the individual parcels. Also, that onsite parking was found to be adequate on the previous approval. Upon the Board's review of the tentative parcel map, for purpose of separation of one (1) parcel into five (5) parcels, it was felt all requirements of the State Map Act and City's Subdivision Ordinance were met. ON MOTION BY SMITH AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 83-582 WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL: 1. The proposed subdivision of one (1) parcel into five (5) parcels for purposes of light industrial development is in compliance with the size and shape of property necessary for this type of develop- ment. 2. The General Plan -has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. -9- BZA 11/30/83 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Ten 3. The property was previously studied for this intensity of land use at the time the land use designation for light industrial development which allows for light industrial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on•file, with the State Map Act, and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on November 1, 1983, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public'Work_s.'and recorded with the Orange County Recorder*. 3. Water supply shall be:through"the City of.Huntington Beach's water system.- 4. Sewage disposal shall be through the City of Huntington Beach's sewage system. 5. All -utilities shall be iristall_e_d.underground at the time said parcels are developed. 6. Compliance with all applicable' -City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department -of Development;Sery ces. 8. A reciprocal ingress, egress and -drainage easement agreement for Parcels 2•and 3 and Parcels 4 and 5 shall be recorded concurrently or prior to the recordation of final parcel -map. =-10= BZA 11/30/83 1 Minutes: H.B. Board of Zoning Adjustments November 30, 1983 Page Eleven AYES: Godfrey, Smith, Evans, Vogelsang, Vincent NOES: None ABSTAIN: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO THE DECEMBER 5, 1983 STUDY SESSION AT 10:00 A.M. I / j Glen K. Godfrey, Secretary Board of Zoning Adjustments 1 -11- BZA 11/30/83